HomeMy WebLinkAbout2019-014 96th and Tieton Annexation; Vicinity of S 96th Ave and Tieton DrORDINANCE NO. 2019-014
AN ORDINANCE annexing the 96th and Tieton Annexation area to the City of Yakima,
contingent on Yakima County Boundary Review Board approval.
WHEREAS, on December 18, 2018, the owners of not less than ten percent (10%) of
the acreage in property within the proposed 96th and Tieton Annexation submitted a Notice of
Intent to Commence Annexation, pursuant to the alternative direct petition method form of
annexation found in RCW 35.13.410 through RCW 35.13.460; and
WHEREAS, on February 19, 2019, the City Council, at an open public meeting,
accepted the Notice of Intent to Commence Annexation as presented, including the information
that the current zoning of the property is consistent with the City's comprehensive plan, that the
properties will be taxed at the same rate and on the same basis as other parcels in the City, and
that the properties would be subject to any outstanding indebtedness to the City, and directed
staff to draft the petition and collect signatures from property owners; and
WHEREAS, following acceptance of the Notice of Intent, Petition number 19-01, was
drafted and circulated for signature; and
WHEREAS, the proponents presented the City with petitions, consistent with RCW
35.13.420(3), reflecting the signatures of parties who own a majority of the acreage in the
proposed 96th and Tieton Annexation area, and on May 13, 2019 the Yakima County Assessor
issued a Determination of Sufficiency which identifies that the owners of a majority of the
assessed value of the property signed the petition, consistent with RCW 35.13.420 and
35.21.005; and
WHEREAS, the 96th and Tieton Annexation area is approximately 9.7 acres of
unincorporated Yakima County, contiguous to and generally located North of Tieton Drive and
West of South 96th Avenue, including adjacent rights -of -way; and
WHEREAS, the assessed value of the annexation area is approximately $1,044,300
which is expected to generate approximately $2,938 in property tax revenue to the City of
Yakima. In addition, expected development in the area will be processed by the City of Yakima,
which will generate permit connection fee revenue along with increased property tax revenues
as development occurs; and
WHEREAS, garbage and refuse collection within the 96th and Tieton Annexation area is
presently capable of being served by Yakima Waste Systems, Inc., under authority issued by
the Washington Utilities and Transportation Commission (WUTC) to both residential and
commercial accounts and the City desires to provide such services to residential accounts only
in accordance with RCW 35.13.280; and
WHEREAS, RCW 35.13.280 requires the City to grant Yakima Waste Systems, Inc., as
the current WUTC-authorized provider of garbage and refuse collection and disposal service
within the 96th and Tieton Annexation area, a franchise to continue such service to residential
properties within the 96th and Tieton Annexation area for a term of not less than seven years
after annexation becomes effective, such franchise does not apply to garbage and refuse
generated by commercial establishments because the City does not provide or contract for such
service.
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on
said annexation on July 2, 2019 and;
WHEREAS, the City Council has been fully advised and finds that all statutory
requirements have been satisfied in order and accomplish the proposed annexation, and that it
is in the best interest of the City and its residents to annex said property; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Findings,
1. The annexation petition requirements of RCW 35.13.420 have been satisfied by
annexation petitions signed by the owners of a majority of the acreage of the 96th and
Tieton Annexation area.
2. The 96th and Tieton Annexation should be annexed to the City of Yakima.
3. The 96th and Tieton Annexation property shall be assessed and taxed at the
same rate and basis as other property within the City of Yakima to pay for all or of any
portion of the outstanding indebtedness of the City as incurred before, or existing at, the
date of the annexation.
4. The 96th and Tieton Annexation area's Comprehensive Plan Designations of
Mixed Residential and Commercial Mixed Use shall be in effect.
5. The City of Yakima shall file a completed Notice of Intention to the Yakima
County Boundary Review Board.
Section 2. The real property identified on the map attached hereto as Exhibit "A" and
legally described in Exhibit "B" attached hereto and incorporated by reference herein, referred to
as the "96th and Tieton Annexation," is hereby annexed into the City of Yakima, Washington,
pending approval of the Yakima County Boundary Review Board of the proposed annexation as
presented to it.
Section 3. The 96th and Tieton Annexation area's Comprehensive Plan designation
shall be Mixed Residential and Commercial Mixed Use, and the zoning shall be Two -Family
Residential (R-2) Multi -Family Residential (R-3) and Local Business (B-2), as outlined in Exhibit
Section 4. The next regularly amended Zoning District Map prepared by the City of
Yakima shall show the 96th and Tieton Annexation area zoned and classified as set forth in
Section 3 above.
Section 5. The City Clerk is hereby authorized and directed to file, pending approval
of the Yakima County Boundary Review Board to the proposal as specifically outlined herein, a
certified copy of this ordinance with the Yakima County Auditor and with the Board of County
Commissioners of Yakima County, Washington, and to transmit a certified copy of this
ordinance to the Washington Utilities and Transportation Commission to notify it of the City's
intent to annex and to provide residential refuse collection and disposal service to the 96th and
Tieton Annexation area.
Section 6. As required by RCW 35.13.270, the City Clerk is hereby authorized and
directed to provide, pending approval of the Yakima County Boundary Review Board,
notification by certified mail that includes a list of the Assessor's tax parcel numbers of all
properties within the 96th and Tieton Annexation area to the Yakima County Treasurer and
Assessor at least sixty days before the effective date of the annexation.
Section 7. There is hereby granted to Yakima Waste Systems, Inc., in accordance
with and for the term provided by RCW 35.13.280, an exclusive franchise to provide garbage
and refuse collection and disposal service to residential properties in the 96th and Tieton
Annexation area for a record of seven years from the effective date of the annexation. Such
franchise does not apply to garbage and refuse generated by commercial establishments.
Section 8. This ordinance shall be in full force and effect 60 days after consideration
and approval of the Yakima County Boundary Review Board, and publication as provided by law
and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 2nd day of July, 2019.
ATTEST:
Sonya C Tee, City Clerk
•
Publication Date:
Effective Date:
Section 7 above is accepted by Franchisee this /,7 day of
Kat Coffey,
Yakima Waste
By:
Signer's Name Printed:
Signer's Title. t,
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EXHIBIT "A"
Annexation Map
96th and Tieton Annexation
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EXHIBIT "B"
Legal Description
Parcels:
171324-44407, 44415, 44416, 44417, 44418, 44419, and 44420
Section 24 Township 13 Range 17 Quarter SE. Beginning at the NE corner of Lot 1 SP 84-197, thence S
89° 53' 33" W 625.78 ft to the NW corner of Lot 4 SP 84-200, thence S 0° 08' 49" E 649.10 ft to the SW
corner of Lot 3 SP 84-200, thence N 90° 0' E 622.7 ft to the SE corner of Lot 2 SP 84-197, then N 0°07'
30" E 650.27 ft to the point of beginning.
And including the complete Right -of -Way for Tieton Drive to the SW corner of Lot 3 SP 84-200
May 20, 2019
1414/,2 Whao Area Zoning
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EXHIBIT "C"
Zoning and Future Land Use
96th and Tieton Annexation - City Zoning
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EXHIBIT "C"
Zoning and Future Land Use
96th and Tieton Annexation - City Future Land Use
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 8.
For Meeting of: July 2, 2019
Public hearing and Ordinance on the 96th and Tieton Annexation in
the vicinity of S 96th Ave and Tieton Dr
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager (509) 575-6042
SUMMARY EXPLANATION:
A Notice of Intent to Annex was received on December 18, 2018, and accepted by Council on
February 19, 2019. The Petition has been drafted and signed by 100% of property owners, as
certified by the Yakima County Assessor on May 13, 2019. The legal description of the
annexation area was certified by the Yakima County Engineer on May 9, 2019. The 96th and
Tieton Annexation contains approximately 9.7 acres of R-2, R-3 and B-2 zoned property.
The Public Hearing notice has been provided to all Yakima -area media, including to Decides',
KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Pass Ordinance
BOARD/COMMITTEE RECOMMENDATION:
If passed, the Ordinance and annexation documents will be forwarded to the Yakima County
Boundary Review Board for final consideration.
ATTACHMENTS:
Description Upload Date Type
2
D Ordinance aelB/2019 Ordinance
D stair Report 5192019 Backup Material
D Backgrourri Materials U19'2019 Backup Material
EXHIBIT "A" CD Yakima City Limits
Annextion Area
Annextaion Map Parcels
96th & Tieton Annexation
1 inch = 147 feet
YAKIMA GIS
City of Yakima, Washington
EXHIBIT "C" Yakima City Limits
"mow Annextion Area
Annextaion Map parcels Zoning
96th & Tieton Annexation
B-2
R-1
R-2
R-3
1 inch = 147 feet
SR YAKIMA GIS
City of Yakima, Washington
EXHIBIT "C" cm Yakima City Limits
yr
Annextion Area
Annextaion Map Parcels Future Land Use LD MD
96th & Tieton Annexation
NC
1 inch = 147 feet
YAKIMA GIS
City of Yakima, Washington